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Ontario to ban breeding, acquisition of killer whales

Asked if these changes could drive Marineland out of business, Community Safety Minister Yasir Naqvi would only say that his concern is about the care of marine mammals.

Following a Star investigation, hundreds of protesters gathered in front of Niagara Fall's Marineland amusement park to protest the captivity and care of the animals. (Tara Walton / Toronto Star file photo)

“Today’s announcement is about ensuring that Ontario has the best standards of care possible for marine mammals. That is what Ontarians expect and these animals deserve,” said Community Safety Minister Yasir Naqvi. (ANDREW FRANCIS WALLACE / TORONTO STAR) | Order this photo

Queen’s Park is set to end the acquisition and breeding of killer whales in the province while dramatically improving conditions for all captive marine animals.

“Today’s announcement is about ensuring that Ontario has the best standards of care possible for marine mammals. That is what Ontarians expect and these animals deserve,” Community Safety Minister Yasir Naqvi announced Monday.

Naqvi said the proposed legislation tabled Monday amending the Ontario Society for the Prevention of Cruelty to Animals Act will include a fine of up to $60,000 and or two years in prison on the first conviction for either breeding or buying and selling orcas. If passed, the new rules would be effective upon the date of introduction of the proposed amendments.

In addition, he said his ministry is working on a series of improvements regarding the care of marine mammals, such as requiring larger enclosures — as much as three times larger — inspecting water quality, noise and lighting, as well as the handling and display of these mammals. Those changes are expected in six months.

“This will make Ontario the first Canadian jurisdiction to have specific standards of care for marine animals,” Naqvi said.

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In a Star investigation into conditions at Marineland Canada, several whistleblowers detailed problems related to animal care at the Niagara Falls park. In the stories, first published in August 2012, these former employees blamed sporadically poor water quality and chronic staffing shortages at the park for the ill health, even death, of animals at the facility.

Marineland has denied all allegations. Park owner John Holer has always maintained there were no problems with water quality. He has also said that staffing levels were more than sufficient, adding that he takes better care of the animals in his care better than he does himself.

Marineland would not be affected by the proposed prohibition on the acquisition or breeding of killer whales.

The proposed changes were sparked by a 125-page report by a team of scientists led by David Rosen, a marine mammal expert from the University of Columbia. That report concluded present standards of care for marine mammals in public display facilities are insufficient.

The proposed changes would also require any such facilities to establish animal welfare committees and have a qualified marine mammal veterinarian available.

“There were some concerns about whether we have effective standards of care for marine mammals in Ontario,” Naqvi said, explaining the need for the massive overhaul of conditions for captive mammals.

He said it was determined that no man-made facilities are adequate for the proper care of killer whales.

“We also made a determination that orcas are an extraordinary animal given their size, given the manner in which they live. They exist in pods numbering five to 30. They dive about 500 feet to get food. We feel strongly that it is difficult to develop a suitable habitat for an animal of that magnitude,” Naqvi told reporters.

Asked if these changes could drive Marineland out of business, Naqvi would only say that his concern is about the care of marine mammals.

“Our aim is the protection of animals . . . Ontarians want to make sure that our animals are treated in a humane way and an appropriate way,” he said.

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